If you or someone you love was struck by a vehicle in Fort Worth, you are likely facing something no one prepares you for: serious injuries, mounting medical bills, and decisions that feel impossible to make in the middle of a crisis. Some of the people reading this are injured themselves, trying to figure out next steps while still in pain. Others are family members who lost someone and are now facing the unimaginable reality of a wrongful death claim. Wherever you are in that experience, Varghese Summersett is here to help. Our personal injury team represents pedestrian accident victims and grieving families across Tarrant County — and you pay nothing unless we win.
You Deserve a Team That Takes This Seriously
Pedestrian accidents are among the most devastating cases in personal injury and wrongful death law. There is no metal frame, no airbag, and no seatbelt standing between a person on foot and a vehicle. When a collision happens, the injuries are almost always catastrophic: shattered bones, traumatic brain injuries, spinal cord damage, internal organ injuries, and in far too many cases, death. For families who have lost someone, no amount of money restores what was taken. But holding the responsible party accountable, and securing the financial support a family needs going forward, is something the legal system can do, and something we are committed to fighting for.
Varghese Summersett’s Personal Injury Division is led by Ty Stimpson, a former prosecutor at both the Dallas County and Tarrant County District Attorney’s Offices who built his reputation on exceptional negotiation and courtroom skill. Working alongside Ty is Damian Williams, a Partner with a track record in serious personal injury and wrongful death litigation that is among the strongest in Texas. He has secured multiple seven-figure verdicts and settlements for catastrophically injured clients and families and has been recognized by Lawdragon as one of the 500 Leading Plaintiff Consumer Lawyers in the country for two consecutive years. Firm founder Benson Varghese, who worked as an insurance adjuster before law school and interned for an insurance defense firm during law school, personally handles the highest-stakes cases where trial is a real possibility.
The firm is 70+ members strong with four offices across Texas. When you call us, you are not reaching a call center or a case manager who will hand you off. You are reaching a legal team that handles pedestrian accident and wrongful death cases with the seriousness they deserve.
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How These Accidents Happen in Fort Worth
Fort Worth’s rapid growth has brought more vehicles, more congestion, and more danger to people on foot. The most common causes our attorneys see in Tarrant County pedestrian cases include distracted driving — especially cell phone use — along with failure to yield at crosswalks, speeding through residential and commercial zones, impaired driving, and failure to stop at marked intersections. High-traffic corridors like Camp Bowie Boulevard, University Drive, and the Near Southside area see a disproportionate share of these crashes.
Rideshare vehicles are an increasingly common hazard. Drivers scanning for passengers while navigating unfamiliar streets create dangerous blind spots for people stepping off curbs. If a Lyft or Uber driver was involved, rideshare accident claims involve additional insurance layers that require experienced legal navigation.
Large commercial trucks present their own category of danger. A truck making a wide turn, backing into a loading zone, or traveling downtown late at night may never see a pedestrian at all. In those cases, the trucking company, its insurer, and potentially the cargo owner may all share liability. Learn more about how we approach Fort Worth truck accident cases.
And in too many of these situations, a driver was drunk. Alcohol-impaired drivers are one of the leading causes of pedestrian fatalities in Texas — and if alcohol was a factor in your crash, it may open avenues of recovery that go beyond the driver’s insurance policy alone.
The Law: What Must Be Proven
Whether you are bringing a personal injury claim for your own injuries or a wrongful death claim on behalf of a loved one, the foundational legal framework is similar. Under Texas Civil Practice & Remedies Code § 33.001 et seq., a pedestrian accident case requires proving four elements by a preponderance of the evidence — meaning more likely than not:
- Duty: The driver owed the pedestrian a duty of reasonable care. Texas law requires all drivers to exercise ordinary care to avoid injuring others on or near the roadway.
- Breach: The driver failed to meet that duty — by speeding, failing to yield, running a red light, driving while impaired, or any other act of negligence.
- Causation: The driver’s failure directly caused the injuries or death. There must be a clear connection between the negligent act and the harm that resulted.
- Damages: The victim or their family suffered actual harm — physical injury, death, medical expenses, lost income, grief, and other losses.
The burden of proof rests on you, not on the driver. But Texas’s modified comparative fault rule also means that if a court finds the pedestrian more than 50% at fault for the accident, recovery is barred. At 50% or less, recovery is simply reduced by the percentage of fault assigned. Insurance companies exploit this rule aggressively — they will look for any reason to argue that your loved one was jaywalking, wearing dark clothing, or not paying attention. Our attorneys build the case that pushes back on these arguments with objective evidence.
Texas Transportation Code § 552.003 requires drivers to yield the right-of-way to pedestrians in marked crosswalks. When a driver violates this statute and a collision results, it creates what the law calls negligence per se, meaning the violation itself establishes breach of duty. The question then shifts entirely to the extent of your losses and the compensation you are owed.
What Compensation Is Available
The answer differs depending on whether you are the injured person or a family member bringing a wrongful death claim, and both deserve a full accounting of what the law makes available.
If You Were Injured
Economic damages cover your actual financial losses: emergency room care, surgery, hospitalization, physical and occupational therapy, future medical treatment, lost income while you recovered, and lost earning capacity if your ability to work has been permanently affected. Non-economic damages account for what cannot be put on a receipt, the physical pain you have endured, the emotional toll the accident has taken, the activities and experiences you can no longer enjoy, and the strain placed on your closest relationships. In cases where a driver’s conduct was particularly reckless – driving drunk, texting at speed, or fleeing the scene – punitive damages may also be available. Learn more about how Texas courts award punitive damages.
If You Lost Someone
Losing a family member to a pedestrian accident is a grief that sits alongside every practical decision that follows. Texas’s wrongful death statute allows certain surviving family members — spouses, children, and parents — to pursue compensation for their own losses: the mental anguish of losing their person, the loss of companionship and society, the financial support the deceased would have provided, and in some cases, the loss of inheritance. A separate survival claim may allow recovery for the pain and suffering your loved one experienced before death, as well as their final medical expenses and funeral costs. Our attorneys handle these claims with the care and respect they demand. Read a full explanation of wrongful death claims in Texas and who can file a wrongful death suit.
What Your Case May Be Worth
No attorney can honestly quote you a number at the first conversation — and if someone does, treat that as a warning sign. What determines the value of a pedestrian accident case is the severity and permanence of the injuries, how clearly liability falls on the driver, what insurance coverage exists, whether additional defendants like a dram shop or vehicle manufacturer are involved, and the willingness and ability of your legal team to take the case to trial if necessary.
Cases involving traumatic brain injuries, spinal cord damage, amputations, and wrongful death regularly resolve in the seven-figure range. Damian Williams has secured exactly those kinds of results for clients and families in catastrophic cases. Insurance companies know what cases are worth, the question is whether they believe you have the legal team to force them to pay it. Read more about how Texas personal injury cases are valued.
The Statute of Limitations
Under Texas Civil Practice & Remedies Code § 16.003, you generally have two years from the date of the accident to file a lawsuit — whether that is a personal injury claim or a wrongful death claim. This deadline is real and largely unforgiving. Missing it almost always means losing your right to any recovery, no matter how clear the liability or how devastating the loss. There are limited exceptions for minors and for claims against government entities, but those exceptions are narrow. Grief and recovery take time, and we understand that. But evidence also disappears over time; surveillance footage is overwritten, witnesses move away, and black box data is lost when vehicles are repaired. Please do not wait. Read a full explanation of the statute of limitations for personal injury in Texas.
Evidence That Can Make or Break Your Case
The difference between a fair outcome and an inadequate one often comes down to what evidence was preserved in the first 48 to 72 hours after a crash. Our attorneys move immediately to lock down every available piece of evidence, because once it is gone, it is gone.
Vehicle Black Box Data
Every modern passenger vehicle contains an Airbag Control Module, commonly called a “black box,” that continuously records pre-collision data. When investigators download this data after a crash, it reveals the vehicle’s exact speed in the final seconds before impact, whether the brakes were applied and how hard, throttle position, and steering inputs. A driver who claims the pedestrian appeared out of nowhere may be directly contradicted by data showing they never touched the brakes. This data can be overwritten if the vehicle is repaired or driven again, so our attorneys send formal preservation letters and seek emergency court orders when necessary.
Commercial trucks add another layer. Engine Control Modules record trip history, vehicle speed at regular intervals, and hard-braking events over weeks or months. If a commercial truck was involved, this data can reveal a pattern of speeding, hours-of-service violations, or the exact sequence of events leading to the crash.
Surveillance and Dashcam Footage
Fort Worth’s busiest corridors are covered by traffic cameras, business security systems, and dashcams in nearby vehicles. Any of these may have captured the collision itself, the driver’s behavior beforehand, or the scene immediately after. This footage is typically overwritten on a 24- to 72-hour cycle. Without an immediate preservation demand from an attorney, it disappears permanently. We act the same day to send written notices to businesses, government agencies, and rideshare companies requiring that relevant footage be preserved.
Advanced Driver Assistance Systems and Product Liability
Many modern vehicles are equipped with Pedestrian Detection Systems — radar and camera-based technology designed to detect a person in the vehicle’s path and trigger automatic emergency braking. Some systems can detect pedestrians even in low-light or poor-weather conditions. When this technology fails to engage because of a manufacturing defect, a software flaw, or because the automaker chose not to include it as standard equipment in a model where it belonged, the manufacturer may share liability alongside the driver.
Damian Williams’s deep background in catastrophic injury litigation — including cases involving dangerous and defective products — makes him particularly well-positioned to evaluate whether a vehicle defect contributed to a crash. In cases where the at-fault driver is underinsured, a successful product liability claim can be the difference between a partial recovery and a full one. Learn more about how product liability claims work in Texas.
Toxicology and Dram Shop Evidence
When a drunk driver caused the crash, the liability investigation extends beyond the collision itself. Blood alcohol testing conducted after an arrest, surveillance footage and sales records from the establishment where the driver was served, and eyewitness accounts from staff and other patrons all become part of your civil case. If a bar or restaurant overserved a visibly intoxicated person who then got behind the wheel and struck a pedestrian, Texas law holds that business accountable alongside the driver. This is one of the most powerful tools for expanding recovery — particularly in wrongful death cases where the family’s losses are catastrophic and the driver’s insurance policy is insufficient.
Why Insurance Companies Fight These Claims
If you are injured and reading this, you may have already heard from the at-fault driver’s insurance company. If your loved one was killed, you may be receiving calls from adjusters who sound sympathetic but are working toward a quick, low settlement. Both situations have the same dynamic at their core: the insurer’s goal is to resolve your claim for as little as possible, as quickly as possible — before the full extent of your losses is clear.
Common tactics include disputing how the accident happened, arguing that the pedestrian was partially or wholly at fault, claiming injuries were pre-existing, and encouraging you to give recorded statements that can later be used against your claim. Benson Varghese spent time as an insurance adjuster before law school. Damian Williams worked in insurance defense before becoming one of the state’s most effective plaintiffs’ attorneys. Between them, our team understands these tactics from the inside — and knows exactly how to dismantle them. Before you speak to any insurer, read about the most common mistakes people make after an accident.
The Legal Process: What to Expect
We know that understanding what comes next can make an overwhelming situation feel a little more manageable. Here is how a pedestrian accident or wrongful death case typically unfolds at Varghese Summersett.
We begin with a thorough investigation — gathering the police report, pulling traffic camera and surveillance footage, sending vehicle preservation letters, downloading black box data, collecting witness statements, and retaining accident reconstruction experts where needed. If a commercial truck or rideshare vehicle was involved, we immediately pursue the additional records those cases require. At the same time, we document your medical treatment and begin building the complete picture of your damages.
Once the injured person reaches maximum medical improvement — or in a wrongful death case, once the scope of the family’s losses is fully documented — we send a demand package to the at-fault driver’s insurance company. Most cases resolve through settlement negotiations. But if the insurer refuses to offer fair compensation, we file suit in Tarrant County District Court and take the case through the full litigation process, including depositions, discovery, and if necessary, a jury trial. The insurance company knows that Damian Williams has tried these cases to seven-figure verdicts and that Benson Varghese has tried more than 100 cases before Texas juries. That knowledge changes the dynamic at the negotiating table.
Learn more about the personal injury case timeline in Texas and what to expect at each stage.
Fort Worth Local Resources
If you or your loved one has been struck by a vehicle in Fort Worth, the first priority is emergency medical care. JPS Health Network — John Peter Smith Hospital at 1500 S. Main St., Fort Worth, TX 76104 — is Tarrant County’s Level I Trauma Center and handles the most critical pedestrian accident injuries in the region. Texas Health Harris Methodist Hospital Fort Worth and Baylor Scott & White All Saints Medical Center Fort Worth are additional full-service facilities for serious injuries.
To obtain a copy of the crash report, contact the Fort Worth Police Department at (817) 392-4222 or access official Texas crash reports through the Texas Department of Public Safety. The official Texas Peace Officer’s Crash Report (CR-3) is one of the foundational documents your legal team will use to build your case.
What to Expect from Varghese Summersett
We know that calling a law firm is not easy — especially when you are in pain, or when you are grieving. We want you to know that when you reach out to Varghese Summersett, you will be treated with respect and compassion from the very first conversation. Our team handles the legal fight so you can focus on what matters most: your health, your family, and your recovery — in whatever form that takes.
Ty Stimpson leads the Personal Injury Division with the trial experience and negotiating skill built across hundreds of cases as a former prosecutor. Damian Williams brings a record of multiple seven-figure verdicts and settlements in catastrophic injury and wrongful death cases — including traumatic brain injuries, spinal cord damage, amputations, and wrongful death — and has been named to Lawdragon’s list of the 500 Leading Plaintiff Consumer Lawyers in the country. Benson Varghese, who has tried more than 100 cases before Texas juries and understands the insurance industry from the inside, steps in personally when the stakes are highest. Together, this is a team that fights for the full outcome you deserve — and you pay nothing unless we win.
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Watch: Things You Should Never Say After a Crash
Fort Worth personal injury attorney Ty Stimpson explains the most damaging mistakes people make in the hours after an accident — and how insurance companies use those mistakes to reduce what they pay out.
Frequently Asked Questions
Can a family member file a claim if a pedestrian was killed?
Yes — and this is one of the most important things a grieving family needs to understand. Under Texas law, a wrongful death claim can be brought by a surviving spouse, children, or parents of the person who was killed. This claim seeks compensation for the family’s own losses: mental anguish, loss of companionship, lost financial support, and more. A separate survival claim may allow recovery for the pain and suffering the deceased experienced before death, as well as medical expenses and funeral costs. Our attorneys handle wrongful death cases with the sensitivity and determination these families deserve. Read more about who can file a wrongful death suit in Texas.
What if the driver who hit my family member didn’t have insurance?
Texas requires all drivers to carry liability insurance, but many do not — and an uninsured driver does not mean an uncompensated family. Your own uninsured/underinsured motorist (UM/UIM) coverage can apply even when the victim was on foot. Most people don’t realize that UM/UIM protection extends to pedestrians — if your family member was struck by an uninsured driver while walking, your own policy may step in to cover losses. In wrongful death cases, UM policies typically apply a single per-person limit. Our attorneys will identify and access every available source of compensation from the very first conversation.
The driver was drunk. Can the bar that served them be held responsible?
Potentially yes — and in wrongful death cases involving a drunk driver, this avenue can be the difference between a devastating financial gap and full accountability. Under the Texas Dram Shop Act (Texas Alcoholic Beverage Code § 2.02), a bar, restaurant, or other alcohol-serving establishment can be held civilly liable for injuries or death caused by a driver they overserved. To succeed, you must show that the driver was obviously intoxicated — to the point of presenting a clear danger to themselves and others — at the time the establishment continued serving them. Courts look to eyewitness testimony from staff and patrons, surveillance footage from inside the establishment, sales records showing the volume of alcohol served, and expert toxicology analysis of the driver’s blood-alcohol concentration. Our attorneys investigate the full chain of events — from the bar to the road — in every drunk driving case. Read more on our drunk driving accident page and our DWI accident page.
What if I’m told the pedestrian was partially at fault?
This is one of the most common arguments insurance companies make — and one of the most important to push back on with evidence. Under Texas’s modified comparative fault rule, recovery is only barred if the pedestrian was more than 50% at fault. At 50% or less, compensation is reduced by the fault percentage but not eliminated. Insurance adjusters will often claim a pedestrian was jaywalking, not paying attention, or wearing dark clothing — because every percentage point of fault they shift reduces what they owe. Our attorneys counter these arguments with accident reconstruction, black box data, dashcam footage, and witness accounts that tell the objective story of what happened. Read more about how modified comparative negligence works in Texas.
The driver fled the scene. What can we do?
A hit-and-run does not end your ability to seek justice. If the driver is later identified through witness accounts, license plate recognition, or nearby surveillance footage, you have a direct claim against them. If the driver is never found, your own uninsured motorist policy may cover your losses — though UM coverage for hit-and-runs typically requires that actual physical contact with the vehicle occurred. Our attorneys know how to investigate these cases aggressively, work with law enforcement, subpoena traffic and security footage, and pursue every avenue of recovery available. Read more about hit-and-run accident claims in Texas.
How long will the process take?
We wish we could give every family a firm answer to this question, and we understand how much the uncertainty adds to an already painful situation. Most pedestrian accident and wrongful death cases in Texas resolve within 12 to 24 months. Cases with clear liability and fully documented damages may resolve sooner. Cases involving multiple defendants — a driver, a dram shop, a vehicle manufacturer — or those that require extensive expert testimony and trial preparation take longer. In wrongful death cases specifically, it is important not to rush a resolution before the full scope of the family’s losses is understood. Learn more about the length of a personal injury case in Texas.
Do we need an attorney, or can we handle this on our own?
You can technically handle a claim on your own — but in pedestrian accident and wrongful death cases, the gap between what an insurer offers an unrepresented person and what a skilled attorney recovers is almost always significant. Beyond negotiating a higher settlement, an experienced attorney identifies sources of compensation that most people don’t know exist — UM/UIM coverage, dram shop claims against a bar or restaurant, and product liability claims against a vehicle manufacturer. In wrongful death cases, there are procedural requirements and strategic decisions that can affect what the family ultimately recovers. This is not a situation where navigating it alone is in your best interest.
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Whether you are recovering from your injuries or grieving the loss of someone you love, Varghese Summersett is ready to stand beside you. We handle the legal fight — every investigation, every negotiation, every courtroom — so you can focus on what matters most. You pay nothing unless we win. Call (817) 203-2220 today or use the contact form on this page to speak with our team.
